Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Macatangay v State of New South Wales [2015] FCA 495 Citation: Macatangay v State of New South Wales [2015] FCA 495
Parties: MIGUELA ALVAREZ MACATANGAY v STATE OF NEW SOUTH WALES
File number(s): NSD 52 of 2015
Judge(s): JAGOT J
Date of judgment: 25 May 2015
Catchwords: BANKRUPTCY – application to set aside bankruptcy notice – power of Court to go behind judgment
Legislation: Bankruptcy Act 1966 (Cth) ss 40(1)(g), 41(1)(a) Legal Profession Act 2004 (NSW) ss 368, 369, 373, 384, 385 Uniform Civil Procedure Rules 2005 (NSW) rr 36.10, 36.15, 36.16
Cases cited: Emerson v Wreckair Pty Ltd (1992) 33 FCR 581 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272
Date of hearing: 30 April 2015
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 20
Solicitor for the Applicant: Mr JP Capsanis of JP Capsanis & Co Solicitors
Counsel for the Respondent: Mr MK Minehan
Solicitor for the Respondent: Hicksons Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 52 of 2015
BETWEEN: MIGUELA ALVAREZ MACATANGAY
Applicant
AND: STATE OF NEW SOUTH WALES
Respondent
JUDGE: JAGOT J DATE OF ORDER: 25 May 2015 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applicant's application to set aside Bankruptcy Notice No. 177313 be dismissed. 2. The applicant pay the respondent's costs of the application, as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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